The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, has received new information and requests your urgent intervention in the following situation in Egypt.

New information:

The Observatory has been informed by reliable sources about the ongoing arbitrary detention of Ms. Amal Fathy, a women’s rights defender known for being vocal against human rights violations, in particular the arbitrary detention of activists in Egypt. Ms. Amal Fathy is married to Mr. Mohamed Lotfy, Executive Director of the Egyptian Commission for Rights and Freedoms (ECRF)[1].

According to the information received, on November 12, 2018, a North Cairo criminal court ordered the extension of Ms. Amal Fathy’s preventive detention for 45 days in Case No. 621 of 2018 under which she is facing charges of “joining a terrorist group”, “publishing false news to disrupt public security and harm national interests” and “using the internet to call for acts of terrorism” (see background information).

The Observatory recalls that Ms. Amal Fathy is arbitrarily detained since May 11, 2018, and that her health condition is deteriorating as she suffers from acute stress reaction caused by her arbitrary detention. On September 29, 2018, she was sentenced to two years in prison in the framework of another case (Case No. 7991 of 2018) for “publication of false news undermining national security”, “possession of indecent material”, and “publicly insulting”, in relation to a video posted on Facebook on May 9, 2018 in which Ms. Fathy criticised the Egyptian Government for failing to protect women against sexual harassment as well as over a general deterioration in living conditions in the country (see background information).

The Observatory is extremely concerned by the ongoing arbitrary detention of Ms. Fathy and by her deteriorating health conditions in that context. Therefore, the Observatory urges the Egyptian authorities to immediately and unconditionally release Ms. Fathy and, in the meanwhile, to ensure that she has immediate and unhindered access to adequate health care.

Background information:

On May 9, 2018, Ms. Amal Fathy posted a 12-minute video on Facebook criticising the Egyptian Government for its failure to protect women against sexual harassment, as well as over a general deterioration of living conditions in the country.

The next day, pro-government and State-owned media outlets released articles citing the video, identifying Ms. Amal Fathy as an “April 6 Youth movement” activist, the wife of Mr. Mohamed Lotfy and accusing her of insulting Egypt and Egyptian institutions. This was followed by a wave of harassment and threats on social media against Ms. Amal Fathy.

On May 11, 2018, at around 2.30 am, Egyptian security forces raided the house of Ms. Amal Fathy and Mr. Mohamed Lotfy in Cairo and started searching it. Their mobile phones were seized and they were denied the right to communicate with a lawyer or their relatives. The two activists were brought to Maadi police station, in southern Cairo, along with their three-year-old son.

Around three hours later, Mr. Lotfy and his son were released. The Maadi Prosecutor subsequently placed Ms. Amal Fathy under preventive detention for 15 days within the framework of Criminal case No. 7991 of 2018.

On May 12, 2018, Ms. Amal Fathy was transferred to Qanater women’s prison.

On May 13, 2018, Ms. Amal Fathy was questioned by the High State Security Prosecution about the “April 6 Youth Movement”, ECRF and the activities of her husband. She was then placed under preventive detention for an additional 15 days in the framework of another case, Criminal case No. 621 of 2018.

On May 24, the Maadi Prosecutor extended Ms. Amal Fathy’s preventive detention for 15 additional days within the framework of Case No. 7991 of 2018, without providing reason. Ms. Fathy appealed the decision. On May 30, 2018, Ms. Fathy’s appeal was rejected.

On June 7, 2018, the Maadi Prosecutor extended for the third time Ms. Amal Fathy’s preventive detention for a further 2-week period, without providing any reason.

On June 21, 2018, the Criminal Court of South Cairo approved the release on bail of Ms. Amal Fathy within the framework of Case No. 7991 of 2018 upon payment of a 10’000 EGP guarantee (approximately 480 EUR). She remained nonetheless in detention pending investigation within the framework of Case No. 621 of 2018.

On July 2, 2018, the National Security Prosecution Office extended Ms. Amal Fathy pre-trial detention for the fifth time for a further 15-day period.

On July 30, 2018, Ms. Amal Fathy received again a further 15-day detention by State security prosecution.

On September 26, 2018, the pre-trial detention of Ms. Amal Fathy was renewed again for 15 days under Case No. 621 of 2018.

On September 29, 2018, the Maadi Misdemeanours Court in Cairo sentenced Ms. Amal Fathy to two years in prison, a fine of 10’000 Egyptian pounds (around 474 EUR) and a bail of 20’000 Egyptian pounds (around 950 EUR) to suspend the sentence. She is accused of “publication of false news undermining national security”, “possession of indecent material”, and “publicly insulting”. On September 30, 2018, she appealed the case and paid the bail. The first appeal hearing is scheduled on November 25, 2018 before the Maadi Appeals Court.

On October 14 and again on October 28, 2018, the State security prosecution extended twice Ms. Fathy’s detention for 15 days.

Actions requested:

Please write to the authorities of Egypt asking them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Amal Fathy, Mr. Mohamed Lotfy, their relatives and all human rights defenders in Egypt, including by ensuring immediate and unhinderedaccess to medical care;

ii. Immediately and unconditionally release Ms. Amal Fathy as her detention is arbitrary as it is merely aimed at punishing her for her human rights activities as well as those of her husband;

iii. Put an end to all acts of harassment, including at the judicial level, against Ms. Amal Fathy as well as against Mr. Mohamed Lotfy and all human rights defenders in Egypt, and ensure that they are able to carry out their activities without hindrance;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially Articles 1, 6(c) and 12.2;

v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Egypt.

Please also write to the diplomatic missions or embassies of Egypt in your respective country.

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Geneva-Paris, November 13, 2018

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

[1] The Observatory recalls that this is not the first time that ECRF and its members are subjected to harassment, due to their documentation of cases of torture in prisons, enforced disappearances as well as their legal support in Giulio Regeni’s case (See Observatory Urgent Appeal EGY 004 / 0917 / OBS 105, published on September 27, 2017).